CHAPTER 21

FORMERLY

HOUSE BILL NO. 32

AS AMENDED BY

H0USE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 29, DELAWARE CODE, BY ADDING THERETO A NEW CHAPTER AUTHORIZING A LEAVE OF ABSENCE WITH PAY FOR STATE EMPLOYEES PARTICIPATING IN SPECIALIZED DISASTER RELIEF SERVICES FOR THE AMERICAN RED CROSS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 29, Delaware Code, by adding thereto a new Chapter, which Chapter shall read in its entirety as follows:

"Chapter 60. Disaster Service Volunteer Leave.

§6001. Short Title. This Act may be cited as the Disaster Service Volunteer Leave Act.

§6002. Definitions. As used in this Chapter. unless the context indicates a different intent:

(a) 'State Agency' or 'Agency' means any State office, officer, official. department. board. commission, institution, bureau, agency, division or unit of the State, including those within the legislative and judicial branches of State government.

(b) 'Disaster' means any disaster designated at Level 111 or higher in the American National Red Cross Regulations and Procedures, including both national and State disasters.

(a) Certified Disaster Service Volunteer' or 'Volunteer' means any person who has completed the necessary training for and been certified as a disaster service specialist by the American Red Cross

§6003. Disaster Service Volunteer Leave.

(a) An employee of a State agency who is a Certified Disaster Service Volunteer may be granted leave from work with pay, in accordance with subsection (b) below, for up to an aggregate of fifteen work days, consecutively or non-consecutively, in any twelve-month period to participate in specialized disaster relief' services for the American Red Cross in connection with any disaster, upon the request or the American Red Cross for such employee's services and upon the approval of such employee's employing agency.

(b) An employee of a State agency granted leave pursuant to subsection (a) above shall be compensated by his employing agency at his regular rate of pay for those regular work hours during which the employee is absent from work, but shall not receive overtime pay, shift differential pay, hazardous duty pay or any other form of pay or compensation in addition to his regular pay. An employee of a State agency who is grunted leave pursuant to subsection (a) shall not lose any seniority or any already accumulated vacation time, sick time or earned overtime due to such leave.

(c) The State of Delaware shall not be liable for workers' compensation claims arising from accident or injury while the State employee is on assignment as a certified disaster service volunteer for the American Red Cross. Duties performed while on disaster leave shall not be considered to be a work assignment by a State agency. In determining whether to grant leave to an employee, his employing agency may consider the needs of the American Red Cross for expertise in a particular certified area. The employee's activities and job functions while on leave, however, shall not be directed by the State but shall be determined and controlled solely by the American Red Cross.

(d) An employee who is on leave pursuant to this section shall not be deemed to be an employee of the State for purposes of the Delaware Tort Claims Act."

Approved April 13, 1995